Brian Weaver, head of Appraisal Admin. Div.

[Bob Ipock]

Again, this has nothing to do with Brian a person.

If the appraisers in IL are happy with a backlog of 216 complaints....God bless you all. I can assure you taht ain't NOBODY gonna be happy if the ASC
de-certifies IL.

Field Review 06/26/2006


The Program has serious weaknesses in that Illinois has failed to: investigate and resolve
complaints in a timely manner; process completed temporary practice applications within five
business days; and maintain documentation to support the decision-making process for educationcourse approvals. Additionally, the State has not cured its serious, longstanding situation
regarding the proper completion of the audit/disciplinary process of certified appraisers who
failed to document that their experience conformed to AQB certification criteria.
If these weaknesses are not resolved in a timely manner, the ASC will consider initiating
a non-recognition proceeding against the State under § 1118 of Title XI, 12 U.S.C. 3347.Because of our concerns regarding your Program, ASC staff will return in approximately six
months to review Illinois’ progress toward correcting these deficiencies.

 

[Lee Lansford]

USPSP
Altough Illinois takes in one of the highest fees for appraisers in the nation, we have a governor who rakes all the fee agencies to remove most of the income to apply to other parts of the state budget.

It aint in accordance with the constitution of good business, but that is what we are stuck with for more than two more years.

We all liked the prior Director, he was a good guy. What we have now is a director who is strong enough in himself to do the job that needs done with the tools that he has.

I have great respect for Brian and the way he is handling his job. and I think that most of the other appraisers in Illinois who know anything about it do to.

Wayne Tomlinson

"Amen, amen!"

 

[Lee Lansford]

...
If the appraisers in IL are happy with a backlog of 216 complaints....God bless you all. I can assure you taht ain't NOBODY gonna be happy if the ASC
de-certifies IL...

And, the last time the ASC de-certified a state was...when?

 

[Bob Ipock]

Well.....these days, with all the bad press, and crooked appraisers in the spotlite in hot water might be a good time. As I recall it has been quite a long time since a de-certification. Perhaps someone in Congress will remind them of that.

Are you saying that a backlog of 216 cases is OK? How would you feel if your life was in limbo for over a year?

The system is broken, not just in IL, not just in NC but nationwide. Your expectations must be somewhat lower than mine. The public is not being protected and I refuse to pretend that they are.

 

[Lee Lansford]

Well.....these days, with all the bad press, and crooked appraisers in the spotlite in hot water might be a good time. As I recall it has been quite a long time since a de-certification. Perhaps someone in Congress will remind them of that.

Are you saying that a backlog of 216 cases is OK? How would you feel if your life was in limbo for over a year?

The system is broken, not just in IL, not just in NC but nationwide. Your expectations must be somewhat lower than mine. The public is not being protected and I refuse to pretend that they are.

I wish that I could snap my fingers and..."presto"...all would be well.

I remember...MANY years ago...when my family was in an automobile accident and it took 7 years to settle the case through the legal system. It took YEARS to have the case first appear in court.

The "system" does not have unlimited resources and things don't always move along the way that many of us would prefer.

There are many bright and resourceful appraisers--and others--with interest with making things better here in Illinois.
One of these people is Brian Weaver.
Some of the others sit on the Appraisal Board and they by no means have the power to drive the system. I'm acquainted with most of them and they have keen interest in doing the best they can with what they have.
Others contribute what and where they can.

Are there any of us who could not do more if our resources were unlimited?

 

[Lee Lansford]

...Your expectations must be somewhat lower than mine...

Maybe.

I pray for Peace on Earth. I'm just not expecting it any time soon.

 

[Francois K. Gregoire]

According to the ASC, they have never actually gone through a non-recognition procedure with a state regulatory agency. There have been threats-a-many, but no actual proceeding to termination.

Here in Florida, there have been several unfavorable ASC Field Reviews, and significant threats with respect to non-recognition. Back in 2004, because the ASC believed the Florida Real Estate Appraisal Board was doing all within their power to right the problems, and that the source of the shortcomings was higher up the food chain, the Field Review letter was sent to the FREAB's parent agency. FREAB minutes reflected constant requests for funds, people and attention. The minutes also reflected the frustration of the FREAB members to the excuses and inattention of the parent agency and outright violation on their part of FREAB and their own rules and procedures.

The Field Review directed to the parent agency got their attention. Well, not initially, but the follow up letter to the DBPR response sure did. For those interested, the ASC letters start June 7, 2004. The follow up from the DBPR on August 30, 2004 attempted to explain away everything with a brush of the hand. An examination of the ASC letters that followed demonstrates that tactic did not work.

As a result, the Governor replaced the head of the DBPR, and FREAB worked with professional appraisal organizations and the Florida Association of REALTORS to increase the legislative appropriation to the Division of Real Estate. Both FTE and OPS positions were increased.

In my possession is the latest ASC Field Review. It is not yet posted on the ASC site because the FREAB has not responded, but suffice to say, it is largely positive and complimentary of the progress made in the Sunshine State.

When folks attack an appraisal board administrator or board member, it is personal. Most of these folks care deeply about the appraisal profession and are working their tails off to be effective in their regulatory role. Snide remarks accomplish nothing but to expose their lack of understanding of the regulatory process in various states.

A backlog of complaints is not necessarily an indication of ineffective enforcement. The ASC requires a resolution of the action within one year of the complaint; a standard that is not imposed on regulatory agencies for other professions. Appraisal boards do not have the luxury of picking and choosing which complaints to prioritize. If the complaint alleges a violation of the license law or of the USPAP, the ASC will ding a state board for not following it up. The ASC does not permit states to put some complaints on the back burner to concentrate on a big fraud case.

In addition, each and every state board, and the administrators, have been working overtime for the past two years getting legislation passed and rules created to implement the new AQB Real Property Appraiser Qualification Criteria. Despite the AQB's claim that the criteria was FINAL in February 20, 2004, the publication is in its 5th version today. The constant new Interpretations have presented unbelievable complications to the regulator's attempts to comply.

No one will argue that some innocent appraisers experience significant difficulty because their case is not resolved. Boards are aware of this, but these cases must make their way through the system, just as those for the guilty appraisers. In most cases, it is not the board originating the complaint, it is another appraiser, a property owner or a lender; the public in other words. The public the board is sworn to protect. As with criminal cases, sometimes innocent folks are accused and prosecuted. They are inconvenienced and sometimes harmed. I've not heard of a solution.

For the sake of comparison, take a look how long it takes the US Justice Department to bring a case to trial, to verdict and sentencing. In most cases, it aint in one year. In addition, the FBI is not obligated to act on each and every complaint they get. In fact, if the complaint does not involve a scheme that has already generated several million dollars in losses, the FBI is not interested.

So, Brian, my hat is off to you for your efforts. If you would ever like to discuss how the FREAB was able to get some additional funds and resources, I'm happy to talk or exchange comments off this board. Some things do not need to be said in public.

 

[Lawrence R.]

When folks attack an appraisal board administrator or board member, it is personal. Most of these folks care deeply about the appraisal profession and are working their tails off to be effective in their regulatory role.

I have had to fire some of the hardest working employees I have ever had. In general, they cared MORE about the company, and thier work product than most of my other workers.

The problem? They can't deliver RESULTS. And that is how we all keep score.

I have absolutely NO opinion about the workings of the IL state board, but that comment is too far from the truth to let it stand.

Just because someone wants to do well and doesn't--that doesn't make them a bad person.

Niether is being critical of thier (documented always) lack of results.

People in this day and age think that any form of criticism is personal. Based on the detached tone of USPAP's posts, I would have not construed it as personal.

Nice people drop the ball too, that doesn't make them bad.

It doesn't make me a jerk to mention it when I see the ball on the floor.

 

[Francois K. Gregoire]

I have had to fire some of the hardest working employees I have ever had. In general, they cared MORE about the company, and thier work product than most of my other workers.

The problem? They can't deliver RESULTS. And that is how we all keep score.

I have absolutely NO opinion about the workings of the IL state board, but that comment is too far from the truth to let it stand.

Just because someone wants to do well and doesn't--that doesn't make them a bad person.

Niether is being critical of thier (documented always) lack of results.

People in this day and age think that any form of criticism is personal. Based on the detached tone of USPAP's posts, I would have not construed it as personal.

Nice people drop the ball too, that doesn't make them bad.

It doesn't make me a jerk to mention it when I see the ball on the floor.

FTR, I just edited that paragraph.

Also, FTR, nothing was mentioned about people being nice or well intentioned. Sure, there are some inept folks involved in appraisal regulation as board members and as administrators. No one is denying that.

Concerning lack of results: On this board are hundreds, if not thousands of posts lamenting the "lack of enforcement" and lax standards of appraisal boards. The same folks, without ever reviewing the work product, take the side of Wayne's World regulars being prosecuted by their state regulators. The same folks are often not aware of the regulatory process, the manner of investigation and prosecution and administrative impediments to speedy prosecution and resolution of complaints. Brian posted a smidgen of what goes on in Illinois. Most states have similar constraints well beyond the power of any administrator or board member to correct. Most folks posting here have no idea of the efforts their state administrators and board members expend to remove those impediments. It's easier to sling arrows.

To draw an analogy, many, if not most of the regulars on this board would prefer to be provided the time necessary to complete an appraisal and report competently and with credible results. When restricted by a 24 or 48 hour turnaround requirement, we rant that the time is insufficient to do the assignment correctly. When the compensation for the assignment is also restricted, the results often suffer, despite the best intentions of the appraiser. Sure, it's no excuse, but understandable and beyond the control of the appraiser unless they choose to decline the assignment.

Appraisal regulatory boards are given time constraints to complete investigations and close cases. Their resources are limited by state governments as well. However, the regulators do not have the option of declining an "assignment". The complaint will be processed within the time constraints required and with the resources available. Most state administrators and board members adversely affected by this reality is working to change it. Attempts are made to get the ASC to extend the time for complaint resolution so the case can be completely investigated, a proper case can be prepared so it can be effectively prosecuted.

Administrators consistently go to their state legislature with budget requests to meet their needs. Sometimes they are successful and sometimes not. Many might prepare more effective prosecutions if they could pick and choose based upon their resources.

An admission: The tone of my comments concerning taking it personally is colored by a couple years of posts and private messages. I'll leave it at that.

 

[Lawrence R.]

That is all well and good, but I am not speaking about anyone directly and I will just reiterate, being critical of failure/lack of success is not personal.

In fact, it is the farthest thing from it.

As to the current situation in your state, I am sure your comments are accurate.

So are mine, and U.C's